Papers Of Abraham Lincoln

In force, Dec[December]. 8, 1835.

AN ACT to authorise Aurelia Hotchkiss to sell or exchange a certain tract of Land.
1

Aurelia Hotchkiss authorised to sell lands.

Sec.[Section] 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, That Aurelia Hotchkiss of Edgar county, be, and she is hereby authorised and empowered as guardian for the infant heirs of Horace Hotchkiss deceased to sell all the right title and interest of said heirs in and to the west half of south east quarter of section twenty-eight, in township thirteen north range thirteen

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west in the district of land sold at Palestine in this state,2 and which descended to the said infant heirs, or, she may in her discretion exchange their interest therein for other lands.

To give bond.

Sec. 2. That the said Aurelia Hotchkiss upon filing bond with the judge of probate of Edgar county with one or more sufficient securities to be approved by said judge for the use of said infant heirs in such sum as the said judge of probate shall deem sufficient, conditioned to faithfully account for, and apply the said proceeds of the sale of said lands of said infants, investing the same in the purchase of other real estate for their benefit, under the direction of said judge of probate of said county of Edgar, and, Provided also, if the said Aurelia Hotchkiss shall exchange the said land as she is herein authorised to do, then it shall not be necessary for her to give bond as required in the second section of this act.3

To make deed.

Sec. 3. And be it further enacted, that the said Aurelia Hotchkiss upon filing such bond as aforesaid, is hereby authorised and empowered to make in case of the sale, or exchange of the said lands for other lands a good and sufficient warranty deed or deeds therefor, which shall vest the title thereto in the purchaser or person with whom she may make such sale or exchange as if executed by said heirs when of lawful age.

Deed to be taken in name of the heirs.

Sec. 4. And the said Aurelia Hotchkiss is further required, in case of selling said land and the purchasing of other lands or the exchanging thereof for other lands, to take a title in the name of the infant heirs with the proper covenants of title and warranty in fee simple for their use and benefit, and said lands so purchased shall be vested absolutely in said heirs, subject however, to the widow’s dower in the manner as the lands now owned by said heirs are, provided the widow relinquishes her dower in the land authorised to be sold by this act.

This act to be in force from its passage.

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12/08/1835
Field, Alexander P.

This bill having laid before the council of revision and ten days not having intervened, before the adjournment of the general assembly, and the said bill not having been returned, with the objections of the council on the first day of the present session of the general assembly, the said bill has become a law.

Given under my hand this 8th day of December, 1835.
A. P. FIELD.
Secretary of State.

1On January 15, 1835, Nelson W. Nunnally presented in the House of Representatives the petition of Aurelia Hotchkiss and other citizens of Edgar County praying relief for Hotchkiss. The House referred the petition to a select committee. Nunnally from the select committee introduced HB 120 in the House on January 16. On January 17, the House referred it to a select committee. The select committee reported back the bill on January 19 without amendment. The House passed the bill on January 20. On January 28, the Senate referred the bill to a select committee. The select committee reported back the bill on January 29 with an amendment, in which the Senate concurred. The Senate passed the bill as amended on January 31. On February 5, the House amended the Senate amendment by adding a proviso to the second section. The House concurred in the Senate amendment as amended. The Senate concurred in the House amendment on February 6. The House and Senate laid the bill before the Council of Revision before the end of the first session, but the Council did not act before the adjournment. Said bill not having been returned with the Council’s objections on the first day of the second session, the act became law on December 8.
Illinois House Journal. 1835. 9th G. A., 1st sess., 295, 303, 322, 329, 337, 465, 539; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 288, 303, 361, 370, 390, 447, 449, 503; Illinois House Journal. 1835. 9th G. A., 2nd sess., 390-91. 412.

2Located in Edgar County, southwest of Paris.
“Counties, Townships, and Ranges in Illinois,” Maps, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Reference.aspx?ref=Reference html files/LandMeasurement.html.

3On February 5, the House added this proviso.
Illinois House Journal. 1835. 9th G. A., 2nd sess., 390-91.